CR 10-606: Aggravated Cruelty to Animals

Over the last several years it has become easier for the State to prove a case of aggravated animal cruelty, and as a result we have seen more defendants charged with this offense.  Animal control officers and prosecutors who handle these cases have a tendency to take them personally, so do not be surprised if they err on the side of charging a felony when a misdemeanor is more appropriate.  Aggravated animal abuse under 10-606 can be charged in cases where a defendant allegedly mutilates, tortures, cruelly beats or kills an animal.  The statute also punishes those who are accomplices to these acts.  The exact definition of cruelty means unnecessary or unjustifiable physical main or suffering caused by an act, omission or neglect.  This is a broad definition that could potentially include neglect cases where the defendants had no intention of causing harm to an animal.  The decision to charge often comes down to the eventual condition of the animal rather than the exact conduct of the defendant.
 
If a defendant leaves an animal out in extreme heat or cold and the animal ends up passing away, there will almost certainly be felony aggravated cruelty charges filed.  As long as the State can prove the defendant intentionally put the animal outside it would not be a defense that the suspect did not intend to harm the animal.  The State must only prove the defendant intentionally did an act that caused the harm, and not that the defendant intended to actually cause the harm.  Additionally, if the State has video that a defendant beat an animal from a cell phone, ring camera or other source they will likely charge the felony regardless of the existence of life threatening or permanent injuries.
 
Animal abuse under section 10-604 is a more common crime, that includes failure to provide veterinary care, failure to provide clean water and nutritious food and failure to provide adequate shelter.  If an animal is impounded before its condition becomes dire then the State will likely only charge misdemeanor animal abuse.  While animal abuse under 10-604 is a lesser crime that 10-606, the State often will charge multiple counts of the misdemeanor to raise the maximum possible penalty.
 
The main defenses to aggravated animal cruelty would attach the State’s ability to satisfy the element of intent.  If an animal escapes from a pen or from a home and then is left without food or shelter a defendant would be able to argue the act was unintentional.  Additionally, a defendant may be able to argue that the act or acts or not cruel under the definition.
 
Aggravated animal cruelty is a felony with a maximum penalty of up to three years in prison.  It also carries a potential $5,000 fine with restitution to animal control or vet care and housing, as well as potential court ordered psychological evaluations and treatment.  Despite the fact that it is a felony, the District Courts of Maryland have jurisdiction over aggravated cruelty much like theft cases.
 
Benjamin Herbst is an experienced felony animal cruelty lawyer who handles cases in all Maryland jurisdictions from the Eastern Shore to Western Maryland.  He has extensive experience taking on State funded veterinarian witnesses as well as animal control officers.  Benjamin fights to keep his clients free of a criminal conviction and out of jail.  Contact Benjamin anytime at 410-207-2598 for a free consultation about your animal abuse case to learn what defenses may be available to you.